Cyprus Securities and Stock Exchange Commission

Cyprus Securities and Stock Exchange Commission

The Cyprus Securities and Exchange Commission (CySEC) introduced a Policy Statement CP-02-2020 which is a transformative regulatory framework aimed at modernizing customer onboarding in the financial services factor. It addresses the growing need for technological innovation while enduring stringent compliance with anti-money laundering (AML) regulations.

The financial industry is rapidly evolving, driven by technological advancements ad shifting customer expectations. Due to that, CySEC introduced CP-02-2020, aligning with the European Union’s AML Directives (AMLD4 and AMLD5) to establish new standards for customer due diligence and risk management.

One of the main components of the policy is the advocates for the use of remote onboarding techniques, allowing financial institutions to verify customer identities without physical interaction. This approach is intended to enhance efficiency and improve the customer experience, though it requires a risk-based assessment to ensure robust security. Another key component is the expansion of the Identification Document, which broadens the types of acceptable identification documents, moving beyond traditional passports. This expansion offers financial institutions the flexibility to cater to a wider range of customer profiles while maintaining rigorous due diligence. Further to that, while the policy maintains the need for address verification, it introduces greater flexibility in how institutions collect address information. This change is designed to streamline the onboarding process while upholding necessary AML controls.

The policy further outlines a comprehensive framework for remote verification, emphasizing several key practices:

  1. Dynamic Selfie and Video Verification. Customers are required to use dynamic selfies and video calls, which serve as essential tools for real-time identity verification, reducing the potential for fraud.
  2. Liveness Detection. The policy mandates the use of advanced liveness detection methods, such as eye movement and facial recognition, to confirm that a live person is present during the verification process.
  3. Emphasis is placed on the thorough verification of identification documents to detect any signs of tampering or inconsistencies.
  4. The policy insists on high-quality images and videos to ensure accurate identification, preventing disputes and enhancing security.
  5. Financial institutions are encouraged to adopt advanced security protocols, such as biometric authentication and unique code verification, to further secure the verification process.

Preventing money laundering and terrorist financing is central to the new Policy, which introduces several measures aimed at enhancing AML compliance within the RCO framework, including strengthened customer due diligence, ongoing risk assessment, and continuous monitoring. The successful implementation of these measures is critical for their effectiveness. Financial institutions are required to develop robust AML frameworks that integrate the risks associated with RCO. This involves comprehensive customer risk assessments, continuous monitoring, and the training of staff to detect suspicious activities. Collaboration with law enforcement and financial intelligence units is also highlighted as essential for combating financial crime.

Despite the above, while this Policy offers a robust framework for RCO, it seems to present several challenges for financial institutions. Adopting the necessary systems and technology for remote verification can be both costly and time-intensive while managing sensitive customer data, including biometric information, requires stringent data protection measures to comply with relevant regulations. Further to that, institutions must balance the need for enhanced security with the desire for a seamless customer experience, a challenge that is both complex and multifaceted.

Despite the above challenges, one can say that the Policy offers significant opportunities for financial institutions. By embracing RCO, institutions can improve customer satisfaction, enhance operational efficiency, and expand their customer base. The policy’s focus on technological innovation encourages the development of new solutions that can drive the financial industry forward. The CySEC’s new Policy represents a significant step forward in regulating customer onboarding and it strikes a delicate balance between fostering innovation and ensuring compliance with AML regulations. As the digital landscape continues to evolve, financial institutions must remain proactive, investing in technology and compliance strategies to ensure ongoing success in this dynamic environment.

For any further guidance regarding this procedure or if you require an initial consultation, please do not hesitate to contact our Law Firm at [email protected], +357 22 251 777 or +357 25 261 777 or please visit our office in Nicosia or Limassol.

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